Official Code of Georgia Annotated

Title 51. TORTS · Chapter 7. FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION · Article 5. ABUSIVE LITIGATION

51-7-83. Measure of damages.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
A plaintiff who prevails in an action under this article shall be entitled to all damages allowed by law as proven by the evidence, including costs and expenses of litigation and reasonable attorney’s fees.#
(b)
If the abusive litigation is in a civil proceeding of a court of record and no damages other than costs and expenses of litigation and reasonable attorney’s fees are claimed, the procedures provided in Code Section 9-15-14 shall be utilized instead.#
(c)
No motion filed under Code Section 9-15-14 shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable attorney’s fees. Any ruling under Code Section 9-15-14 is conclusive as to the issues resolved therein.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 51-7-83, enacted by Ga. L. 1989, p. 408, § 2.

Law reviews

For article, ‘‘Of Frivolous Litigation and Runaway Juries: A View from the Bench,’’ see 41 Ga. L. Rev. 431 (2007).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 719; merge action: annotated; file SHA-256 bc30a40687b2.

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